In Brief
Ummar Saheb executed a document in 1964 transferring property to his son-in-law for Rs. 5,900 to clear debts, with a condition to re-transfer if the amount was repaid within five years. The son-in-law claimed it was an absolute sale; the Plaintiff-heir contended it was a mortgage by conditional sale. The Court held that the transaction constituted a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act. The consideration matched the exact debt amount, possession remained with Ummar Saheb until his death, no mutation occurred, and the debtor-creditor relationship persisted—all indicating a secured loan, not a genuine sale.
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